Question

Under O.33, an indigent is allowed to prosecute any suit, provided he satisfied certain conditions. Which of the following is not such a condition?

• A. He is not possessed of sufficient means to enable him to pay the fees prescribed for the plaint in such suit
• B. He is not entitled to property worth Rs. 1000/-
• C. He has no sufficient means for his livelihood
• D. He may present the application for permission to sue as an indigent either himself or through an authorized agent

Hint:

Indigency under CPC relates only to ability to pay court fees, not livelihood.

Answer 1

The Correct Option is C

Step 1: Order 33 CPC.
Order 33 CPC allows persons who are indigent (pauper) to file a suit without paying court fees.

Step 2: Conditions.
- Lack of sufficient means to pay court fees.
- Property not exceeding Rs. 1000 excluded from means test.
- Can apply personally or through agent.

Step 3: Not a condition.
Livelihood test is not part of conditions. Law concerns only ability to pay court fees, not means of livelihood.

Step 4: Conclusion.
Hence, (C) is not a condition.